Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake County Florida et al

Filing 226

ORDER: The Report and Recommendation (Dkt. 220) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review, except for the mathematical errors that Defendant's Objections (Dkt. 221) point out (and with which Plaintiff agrees) and the additional 1.8 hours of appellate attorney's fees that should be deducted as explained further in Plaintiff's Response (Dkt. 223). Sunderman Grov es Inc.'s Motion for Attorney's Fees and Costs (Dkt. 213) is granted in part and denied in part. Sunderman Groves, Inc. is awarded a total of $144,160 in district court attorney's fees, $258,590 in appellate attorney's fees, and $65,487.45 in district court costs. The Clerk shall therefore enter judgment in favor of Defendant Sunderman Groves, Inc. and against Plaintiff Sabal Trail Transmission, LLC in the total amount of $468,237.45. Signed by Judge James S. Moody, Jr. on 1/10/2022. (SMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SABAL TRAIL TRANSMISSION, LLC,
Plaintiff,
v.

Case No: 5:16-cv-178-JSM-PRL

3.921 ACRES OF LAND IN LAKE
COUNTY FLORIDA, SUNDERMAN
GROVES, INC and UNKNOWN
OWNERS,
Defendants.
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Philip R. Lammens (Dkt. 220), Defendant Sunderman
Groves, Inc.’s Objections to the Report and Recommendation (Dkt. 221), Plaintiff’s
Objections to the Report and Recommendation (Dkt. 222), and Plaintiff’s Response to
Defendant Sunderman Groves, Inc.’s Objections (Dkt. 223).
After careful consideration of the Report and Recommendation of the Magistrate
Judge and the parties’ Objections, and in conjunction with an independent examination of
the file, the Court is of the opinion that the Magistrate Judge’s Report and Recommendation
should be adopted, confirmed, and approved in all respects, except for the mathematical
errors that Defendant’s Objections (Dkt. 221) point out (and with which Plaintiff agrees)
and the additional 1.8 hours of appellate attorney’s fees that should be deducted as
explained further in Plaintiff’s Response (Dkt. 223).

ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

The Report and Recommendation (Dkt. 220) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review, except for the mathematical errors that Defendant’s
Objections (Dkt. 221) point out (and with which Plaintiff agrees) and the additional 1.8
hours of appellate attorney’s fees that should be deducted as explained further in Plaintiff’s
Response (Dkt. 223).
2.

Sunderman Groves Inc.’s Motion for Attorney’s Fees and Costs (Dkt. 213)

is granted in part and denied in part.
3.

Sunderman Groves, Inc. is awarded a total of $144,160 in district court

attorney’s fees, $258,590 in appellate attorney’s fees, and $65,487.45 in district court costs.
4.

The Clerk shall therefore enter judgment in favor of Defendant Sunderman

Groves, Inc. and against Plaintiff Sabal Trail Transmission, LLC in the total amount of
$468,237.45.
DONE and ORDERED in Tampa, Florida, this 10th day of January, 2022.

Copies Furnished To:
Counsel/Parties of Record

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